Monthly Archive: March 2015

Temporary agency workers cannot be charged with ‘negative’ working hours

A temporary employment agency is not allowed to charge an agency worker’s working time account with ‘negative’ hours, whenever the worker is not rented out to a client. The regional labour court Berlin-Brandenburg ruled such action to be a violation of the German Commercial Agency Work Act (Arbeitnehmerüberlassungsgesetz, AÜG). The agency worker’s right to remuneration …

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Works council has no co-determination rights regarding a group’s Facebook page

An employer can create a group wide Facebook page without the participation of the group works council (Konzernbetriebsrat) as ruled by the Higher Regional Court Düsseldorf (Landesarbeitsgericht, LAG) on January 12, 2015 (docket number: 9 Ta BV 51/14). In the case at hand, the group works council demanded that the employer shut down its Facebook …

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Alcoholism – the employee’s fault?

  Is an employee eligible for continued payment of remuneration when unable to work, when the inability to work arises from alcoholism? Generally, the German Continuation Payment of Salary Act (Entgeltfortzahlungsgesetz, EFZG) provides for continued payment of salary for a certain period if the employee is not able to work without fault, eg in case …

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There’s no fool like an apprentice fool….

The Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on February 12, 2015 (docket number: 6 AZR 845/13) that (amongst other things) the termination of an apprentice for serious cause based on suspicion of a crime was capable of being justified. The plaintiff completed his apprenticeship as a bank officer at the company’s office. After he had …

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There is no way around it

As the nationwide statutory minimum wage of EUR 8.50 has been in force for a good two months now, the first court cases dealing with minimum wage issues start rolling in. According to a recent decision by the Berlin labour court (Arbeitsgericht Berlin, ArbG), additional vacation pay and annual additional payments will not count towards …

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Gender quota in boardrooms from 2016

At the beginning of this month, German lawmakers passed a law requiring companies to give 30 per cent of seats on a supervisory board to women as of next year. It is intended to increase this quota to 50% from 2018 onwards. The new rules apply to listed companies with a co-determined supervisory board, ie …

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